Служба пробации в Российской Федерации и медиация

Abstract

The creation of the probation system envisages the imposition on the penal inspectorates of the powers of assisting in employment, providing housing, giving psychological and legal support to convicts and those released on parole. The following forms of probation exist: pre-penitentiary (before sentencing); penitentiary (related to punishment); post-penitentiary (after serving a sentence). Mediation is included in pre-penitentiary probation together with pre-trial probation, pre-trial functions, preparation of reports on the social situation of the offender. Being a fairly new function that is attributed to probation, mediation is one of the forms of restorative justice. In terms of the latter, mediation should complement modern criminal proceedings since it involves the achievement of goals that are not always successfully implemented within the framework of the traditional criminal procedure such as restoration of public relations violated by an unlawful act, condemnation of illegal acts and promotion of respect for generally accepted moral norms and values, Assistance to support of persons who have been harmed by an unlawful act and satisfaction of their interests and needs, assistance to the offender in gaining awareness of the consequences of the offense and in accepting responsibility for these consequences, identification of the restorative effect of punishment, reintegration of offenders into society and prevention of relapse, and identification of the causes of crime.